# Article IV Hearing Transcripts·

### BEFORE THE ENVIRONMENTAL PROTECTION AGENCY

IN RE,

Ohio Administrative Rules 3745-15-01, 3745-15-02, and 3745-15-04 to 3745-15-09

PRO C E E DIN G S Before Mary McCarron, Mike Ahern, and Bob Hodanbosi, taken before Amy P. Mayer, a Certified Merit Reporter, Certified Realtime Reporter and Notary Public in and for the State of Ohio, at the offices of the EPA, 50 West Town Street, Columbus, Ohio, commencing on Monday, January 8, 2007, at 2:00 p.m.



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. , Newark, Ohio (740) 345-855& Main Office 8036 Smoke Road Pataskala, Ohio 43062 (740) 927-3338 (800) 852-61 &3 Fax (740) 927-343& e-mail: FraleyCooper@earthlink.net Columbus, Ohio (614) 228-0018

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### 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Monday Afternoon Session January 8, 2007 2:00p.m.

MS. MCCARRON: We are going to go ahead and get started. My name is Mary McCarron. I'm Public Involvement Manager with Ohio EPA's Public Interest Center. I'll be presiding over the hearing today. Thank you for taking the time to attend this hearing before Ohio EPA. The purpose of the hearing today is to accept comments on the official record regarding Ohio EPA's proposed revisions to Ohio Administrative Code Rules 3745-15-01, 3745-15-02, and 3745-15-04 through 09. These rules establish the general provisions of air pollution sources located in the State of Ohio. The rule review is performed primarily to satisfy the requirements of Section 119.03 (2) of the Ohio Revised Code and the five year rule review. Ohio EPA is planning on withdrawing these rules from JCARR to allow for additional time to consider the comments

we will be receiving today and have received throughout the comment period. After additional consideration of the comments, the agency will refile the rules with the Joint Committee on Agency Rule Review. As a courtesy, FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-8556 21 Ohio EPA will conduct another hearing prior to when 3

. 2 these proposed revisions are refiled. 3 Ohio EPA published a pUblic notice to 4 announce the hearing and pUblic comment period on the 5 Register of Ohio, which is the publication of the Ohio 6 Legislative service Commission providing public notice 7 of state agency rule making under Ohio Revised Code 8 Chapter 119. A pUblic notice was also issued in Ohio 9 EPA's Weekly Review, which is a publication that lists 10 by county all agency activities and actions taking 11 place in the State of Ohio. 12 All interested persons are entitled to attend 13 or be represented and to present oral testimony and/or 14 written comments concerning the proposed amendments. 15 All written and oral comments received as part of the 16 official record will be considered by the director of 17 Ohio EPA before a final decision is made. 18 To be included in the official record, 19 written comments must be received by Ohio EPA by the 20 close of business February 8th, 2007. These comments 21 may be filed with me today or E mailed to 22 Mike.Ahern@EPA.state.oh.us. Mike's E-mail address is 23 also on the fax sheet that was at the registration 24 table. 25 All written comments submitted for the record

FRALEY, COOPER &, ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-85561 i 2 3 4 5 6 7 8 9 10 11 12 13 ! 14 15 16 17 18 19 20 21 22 23 24 25 

### receive the same consideration as oral testimony given here today. Written statements submitted after the close of the comment period may be considered as time and circumstances permit, but would not be included as part of the official record for this hearing. If you wish to present oral testimony at the hearing today and have not already filled out a blue card, please do so at this time and return it to me or

an Ohio EPA representative at the registration table. There is no cross-examination of the speakers

or representatives of Ohio EPA in public hearings such

as this. Ohio EPA hearings afford citizens the opportunity to provide comments on the official record. Therefore, we won't be able to answer any questions during the hearing. However, members of the panel may i 

### ask clarifying questions of people sUbmitting testimony to ensure the record is as complete and accurate as possible. Before we begin reading names, I just wanted to reemphasize the time limit of five minutes. If I call your name and you don't wish to testify, you can go ahead and say "pass." If I miss your name, at the end of the hearing, we will take testimony at that time, as well. We will probably

-- we might take a break an hour in to the hearing, but if you do need to FRALEY, COOPER & ASSOCIATES (800) 852-5153 (514) 228-0018 (740) 345-8555 41 get up, get out of the room -- I know it's hot

-- feel 2 free to do so at any time. Just try to be as quiet as 3 possible when you do do that. 4 Bathrooms are over by the elevators how you 5 came in, and there's vending machines, also, in the 6 break room area. 5

7 UNIDENTIFIED MAN: This testimony, is this 8 you say we can only comment on the rule changes? 9 10 MS. MCCARRON: That's right. UNIDENTIFIED MAN: It's going to sound like a 11 broken record. 12 13 MS. MCCARRON: It might. UNIDENTIFIED MAN: Everybody's going to say 14 the same thing. 15 MS. MCCARRON: And they have the right to say 16 that if you want. But if you have heard a comment that 17 is very similar to yours, you can just say we've 18 already heard the comment I planned on saying and then 19 pass on your turn. 20 This is the last question because we need to 21 get started at the hearing. 22 UNIDENTIFIED MAN: Do you have a lecturn? 23 Because it might be hard to hold the microphone and 24 trying to

-- would be difficult. 25 MS. MCCARRON: No, we do not.

FRALEYI COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-85561 2 sit? 3 UNIDENTIFIED MAN: Do you want us to stand,

MS. MCCARRON: You can stand or sit at the 6

4 table, use the microphone, but make sure you're 5 directing your comments as closely to the court 6 reporter as possible to see lips and everything like 7 that. 8 All right. We'll go ahead and get started. 9 The first person requesting to speak today is 10 representative Allan Sayre. If you'd like, you can sit 11 in this seat. I will move my stuff over. If you can, 12 state your name and spell it for the court reporter. 13 

### MR. SAYRE: Allan Sayre, A-L-L-A-N, 14 S-A-Y-R-E. Thank you for allowing me to testify today. 15 I am State Representative Allan Sayre from the 96th 16 House District. My district is comprised of all of 17 Harrison County, the western two-thirds of Belmont 18 County, and all of Tuscarawas County with the exception 19 of five townships running along the eastern border. 20 I am personally attending and testifying at 21 today's hearing to express my strong opposition to the 22 proposed revisions to the Ohio's EPA's rules governing 23 air pollution odor nuisances. If these rules are 24 revised as proposed, I believe the goals and intent of 25 the Ohio General Assembly for the Ohio EPA would not be

FRALEYI COOPER &: ASSOCIATES (800) 

### 852-6163 (514) 228-0018 (740) 345-85561 met. 2 Specifically, ORC 3704.02 in part states, 3 "protect and enhance the quality of·the state's air 4 resources so as to protect the public health, welfare, 5 economic vitality, and productive capacity of the 6 people of the state." 7 I believe the Ohio EPA should not diminish 8 its obligation to protect the welfare of the residents 9 of Ohio. I believe that Countywide Landfill located in 10 Stark County just north of my district has become the 11 most notorious odor nuisance in Ohio history. I 12 believe when the Ohio

-- when the EPA was formed in 13 October of 1972, it was their intent to protect the 14 residents of Ohio. If this rule revision passes, 15 citizens of Ohio will suffer the consequences. 16 Again, thank you for allowing me the time to 17 present my testimony on this important matter. 7

18 MS. MCCARRON: Thank you, sir. The next 19 person wishing to testify**-~** and just to let you know, 20 we are starting to set up a microphone stand, but that 21 will take a few minutes. Bob Anstine. If you can 22 state your name and spell it for the court reporter and 23 proceed with your testimony. 24 MR. ANSTINE: My name is Bob Anstine. Pike 25 Township trustee. And I'd like to read a statement FRALEY, COOPER &: ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-85561 here. The Board of Trustees of Pike Township and Stark 2 County is saddled with one of the most diffiqult public 3 nuisance problems in the history of Ohio landfill 4 provisions. The pervasive and persistent foul odors 5 that are created by and emanate from the operations of 6 Countywide Landfill have severely and adversely 7 affected the welfare and quality of life nat only in 8 Pike Township residents, but of residents within a 9 10-mile radius throughout Stark and Tuscarawas 10 Counties. 11 For the Ohio EPA to abandon its statutory 12 authority to regulate, fine or sanction companies and 13 individuals that generate odors that are not just 14 threats to public health, safety and welfare, but that 15 interfere with the comfortable enjoyment of life or 16 property, is a disservice to the citizens of Ohio. 17 By adopting a policy of refusing to exercise 18 jurisdiction over odor complaints that affect and 19 comfortably

-- and comfortable enjoyment of life or 20 property will open a Pandora'S box of tremendous 21 nuisance odor concerns with no clear state or local 22 political subdivision having authority to address or 23 enforce an appropriate remedy. 24 The authority of township trustees to rely 25 upon a county health department or local zoning codes

FRALEY, COOPER 

## « ASSOCIATES (800) 852-5H3 (614) 228-001.8 (740) 345-8555 81 is simply not enough. It is only through the weight 2 and authority of the EPA keeping its jurisdiction and 3 the ability to create fair remedies and to fine or 4 sanction mid- and large-sized corporate violators that 5 these types of nuisance odor conditions can be 6 eliminated. 7 The Pike Township Board of Trustees implores 8 the ohio EPA to not change .or abdicate its regulatory 9 and enforcement authority over these types of nuisance 10 odor problems. 9

11 I got a little more here to say. We have a 12 lot

-- had a lot of people in the area and of Pike 13 Township that has done a lot of work and went to 14 countless meetings trying to explore a solution. In 15 closing, I'm just trying to say we need you because we 16 have more bite you have more bite than a local 17 government can offer. Please don't abandon us. Thank 18 you. 19 MS. MCCARRON, Thank you. We do have the 20 microphone stand set up now, so if you'd like to step 21 to the microphone or you can use the handheld, as well. 22 Larry Ackerman. 23 MR. ACKERMAN, A-C-K-E-R-M-A-N. I pretty 24 much just went to underscore what these two other 25 fellows have said. I live outside of Boliver. I'm

FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-8556

### 10 1 probably less than a half a mile from Countywide 2 Landfill. Now, if the EPA

-- if they weaken the 3 wording in this proposal or these rules, I really don't 4 think they understand what's going to happen. I mean, 5 they should**str~ngthen** 

### these rules to protect the 6 people that live in the community, landowners or 7 whatnot. 8 Because just as an example, two years ago, I 9 tried to sell my home. My wife and I wanted to 10 downsize, move in to town. People come out and they 11 look at our home, beautiful home, and they look over 12 there to the east of my 

### home and they see this 13 mountain. They says, what is that? I says, well, 14 that's the local landfill. She says, oh, she says, 15 does 

### it ever smell? I says, only when the wind blows 16 this way. 17 You know, my 

### property value's went in the 18 toilet. And I'm like a lot of other people here. I 19 don't have a million dollars in the bank. 

### My home is 20 mostly what I have,. And people

-- they move in to our 21 community because it's nice, the schools, the area. 22 And now they get this thrown at them. 23 The landfill has no respect for the 24 community. Their bottom line, and let's not kid 25 ourselves, their bottom line is to make a buck. And FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-85561 2 3 4 5 6 7 8 9 10 11 12 13 \ 14 / 15 16 17 18 19 20 21 22 23 24 25 11 they make a lot of bucks. And they will

-- they'll crush whoever gets in their way because that's all they're after is to make a profit. And it's not

-- you know, I know we're here about the odor, but there are other things, too. But the bottom line is that I can't afford to take a huge loss in my home because of the odor and that. And it's there. It's been there for three years now. And I don't see it stopping. As long as that landfill is active, it's going to continue. MS. MCCARRON: Thank you. MaryAnn Fearon. And if you can state your name and spell it for the

court reporter. MS. FEARON: MaryAnn Fearon, M-A-R-Y-A-N-N, F

as in frank-E-A-R-O-N. I am here to request that you do not make any changes in your Administrative Code 3745-15-01, section C and D, that defines air pollutant, air contaminant and air pollution to include vapor or odorous substances which interfere with the comfortable enjoyment of life or property. And also do

not make any changes in OAC 3745-15-07 that prohibits air pollution nuisances. I have to give to you petitions that have been signed from the people in our area, Boliver, Stark, and also from people who travel to our very FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855612 1 historical area for vacations, complaining about the 2 odor that they have suffered and how they do not want 3 the EPA to make changes. Also, we've included letters 4 from the school children of what they have experienced. 5 Thank you. 6 7 MS. MCCARRON: Thank you. Michael Abrams. MR. ABRAMS: Hello. I'm Michael Abrams, 8 M-I-C-H-A-E-L, A-B-R-A-M-S. I'd like to thank 9 Ms. McCarron and the committee for allowing us to have 10 this time to comment. I feel landfill odors are an 11 environmental issue that affect my quality of life. I 12 feel odor nuisance laws could be stronger or at least 13 remain as currently written. There should be laws that 14 would state no off-premise odors. That would help make 15 them stronger. 16 Countywide Landfill in Stark County .was given 17 a deadline to eliminate odors, and that deadline is 18 past. The landfill odor has not been eliminated and no 19 one can say that there will be no further odors from 20 even newer sections of the landfill. I feel there 21 should be no odors off the premises. 22 The quality of my life is affected by the 23 odors if I smell the landfill while having a cookout, 24 trying to enjoy a cup of coffee on my deck, outside 25 improving my yard or even in the wintertime trying to FRALEY, COOPER &: ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855613 1 make a snowman. The fact that the number of landfill 2 odor complaints has lessened or that the intensity of 3 the odor is lower is no reason to change the rules. 4 The landfill odor is still off of the premises. 5 Any landfill odor that interferes with my 6 quality of life any landfill odor does interfere 7 with my quality of life no matter if the landfill smell 8 is every day, once a month, stronger or of reduced 9 intensity. I sometimes wonder if the EPA is becoming 10 the LPA, the Landfill Protection Agency. I urge the 11 EPA to be an environmental steward to protect 

### my 12 quality of life by keeping and enforcing the odor 13 nuisance laws. Thank you. 14 MS. MCCARRON: Thank you. Thomas O'Dell. 15 MR. O'DELL; My name is Thomas O'Dell, 0 16 apostrophe D-E-L-L. We at this time do not want any 17 language changed in the regulation 3745-15-01 (C) and 18 (D) and 07. If a change is made, it should be made to 19 say that no odor, air pollution, or air contaminant 20 would be allowed to leave the location that has been 21 determined by the EPA or the health department or the 22 air department or the air division of EPA creating the 23 air ambience. 24 We live in Tuscarawas County about a mile and 25 a half from the landfill located in Stark County that

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### 14 has been determined an odor nuisance as of September '06. This is a symptom of a much larger problem from a past industrial waste deposit in to a solid waste landfill. Also, I'm involved with a club called Club 3000, and we're an environmental group that has been in to Countywide Landfill since 1990. We have an agreement with them to be able to monitor this landfill, and if this landfill is to be here at any future dates, we would like it to be a safe landfill. What our environmental group has done over the past 15 years is try to get information to not only the community but to the EPA and the regulatory agencies about concerns that we have with this landfill. This odor problem that we do have right now is a much larger problem. It's a symptom of a much larger problem. And we're requesting that there would be no language change unless it would be to increase the safety of the residents located within this landfill. Also, the petitions that were brought down by MaryAnn Fearon, I believe there was over 1800 signatures of people over just a short few weeks that had come in to and through our area here, as well as letters from grade school children. So we're FRALEY,' COOPER 

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1 requesting the EPA to make stringent regulation changes 2 in behalf of the community where we live at. Thank 3 you. 4 5 MS. MCCARRON: Thank you. Dick Harvey. MR. HARVEY: Dick Harvey, H-A-R-V-E-Y. To 6 start with, I'd like to say that evidently our rules 7 are working because we have a nuisance odor put down by 8 the director right now that shows Countywide is a 9 nuisance, which with this regulation, that would not 10 happen. That would not be effective. 11 So we know that the rules we have now are 12 protecting us. And we don't want to lose that with 13 this new regulation. 14 I want to read a couple things. I want to 15 read vision and mission of Ohio EPA. The vision for 16 Ohio EPA, Ohio EPA is a trusted leader and 17 environmental steward using innovation, quality 18 service, public involvement to ensure a safe and 19 healthy environment for all Ohioians. And that's the 20 vision for the Ohio EPA. 21 The mission work of Ohio EPA is to protect 22 environment and public health by ensuring compliance 23 with environmental laws and demonstrating leadership in 24 environmental stewardship. We believe in this mission 25 and we believe this vision is good. We're asking this

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### 14 15 16 17 18 19 20 21 22 23 24 25 16 Ohio EPA to enforce their laws, not change them. Enforce what they have. The second thing I have is 3745-15-07. It's called Air Pollution Nuisance Prohibitants. And it's item A. Except as provided 

### in paragraph B of this rule, the emission or escape in to the open air from any source or sources whatsoever, smoke, ashes, dust, dirt, grime, acids, fumes, gases, vapors, odors or any other substances or combination of substances in such

manner or in such amounts as to endanger the health, safety or welfare of the public, or cause unreasonable injury or damage to property, is hereby found and declared to be a public nuisance. It shall be unlawful for any person to**~ause,** 

### permit or maintain any such public nuisance. We have a landfill that is a public nuisance. We're asking the Ohio EPA to enforce this rule. I looked up the word welfare in Webster dictionary. I want to read what welfare means. It means exemption that you're exempted from misfortune, sickness, which

we are getting at this landfill

-- from this landfill,

. 

### calamity, or evil, the enjoyment of health and common blessings of life, prosperity, happiness and well-being. We have lost that in our community. We don't FRALEY, COOPER & ASSOCIATES (800) 852-5153 (514) 228-0018 (740) 345-8556 .17 1 have the ability to enjoy our life. We don't have the 2 ability to do that. But this regulation says we have 3 the right to do that. We're asking Ohio EPA not to 4 change anything from 3745-15-01 through 07, to keep 5 them in force. 6 3745-15-01, item C, it's called definitions, 7 what words mean. And it's called

-- what these words 8 mean. C,item C, air pollutant or air contaminant. 9 This 

### is what it means. It means particulate matter, 10 dust, fume, gas, mist, smoke, vapor, odor substances or 11 any combination thereof. Item D, air pollution, means 12 the presence in ambient air of one or more air 13 pollutants which I just read or any combination thereof 14 in sufficient quantity and of such characteristics and 15 duration or threatening to be injurious or harmful to 16 human health or welfare, plant or animal or property

-- 17 and this 

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-- or which interferes with the 18 comfortable enjoyment of life or property. 19 Why would anyone want to take that rule out 20 of there? Why would anyone want to take out from you 21 and from I that we're not allowed to enjoy our property 22 and enjoy our premises? That rule has to stay. It 23 cannot be eliminated. 24 Two more items. The Declaration of 25 Independence. We hold these truths to be self-evident,

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### that all men are created equal, that you're endowed by your Creator with certain inalienable rights, that among these are life, liberty and the pursuit of happiness.We're asking the EPA not to take that declaration from us. We're asking them to uphold it. We have the right to pursue happiness. We shouldn't be forced in our house with grandchildren. We shouldn't have to be forced in our house when we want to get outside and work in our garden. I can't eat out of my garden. I can't do that anymore. I have to wash everything I pick from my garden even though it rained. The last item I have is the Constitution of the United States of America. This is what we live. This is what we live with. We the people of the United States of America, in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty for ourselves and our prosperity, to obtain and establish this constitution of the United States of America. It has in their general welfare. This agency has been given power by God almighty. You are to act in the place of God to what you're supposed to do on this earth. You have been

FRALEY, COOPER 6< ASSOCIATES (800) 

### 852-5153 (514) 228-0018 (740) 345-855619 1 given the right to protect the people and environment. 2 You have no right, you have no right by God, to change 3 that or alter that. You are called by God

-- and I 4 love this agency. You know, I like Andrew and I like 5 the others here that I know. I love these people. 6 These people are good people. You're here in the place 7 of God on this earth to do what's right, and we're 8 asking you to uphold that for the citizens of this 9 area. We thank you. 10 11 12 MS. MCCARRON: Thank you. Linda Harvey. MS. HARVEY: Pass. MS. MCCARRON: Okay. Linda Harvey's passed. 13 Kay Harvey? 14 15 16 17 I-- 18 MS. HUTH: Did I sign it 

### Kay Harvey? MS. MCCARRON: Yes. MS. RUTH: I've been married for 43 years and

MS. MCCARRON: Well, if you can, say your 19 name and spell it for the court reporter. 20 MS. RUTH: Actually, my name is Kay Huth, 21 H-U-T as in train-H. I am here representing Club 3000, 22 citizens of Tuscarawas and Stark County, including our 23 mayor from Boliver. We request that the EPA retain 24 3745-15-01 (C) and (D) and 3745-15-07 (A) as they 25 presently read. However, we ask you to add the

FRALEY, COOPER 6< ASSOCIATES (800) 852-5153 (514) 228-0018 (740) 345-855520 1 following: No air pollutant, which includes odor, can 2 leave premises of facility. 3 I would just like to add that we have 4 suffered tremendously in our area. We have reduction 5 in house values. We have people getting sick. We have 6 people vomiting. We have people getting headaches. We 7 have Boy Scouts that used to go out to the dam which is 8 approximately 1 mile from the landfill to do 9 environmental cleanup work. They can't go there 10 anymore. The smell is so bad, their leaders will no 11 longer take them there. We do not need to decrease the 12 rules. We need to increase them stringently. Thank 13 you. 14 15 MS. MCCARRON: Frieda Schott. MS. SCHOTT: My name is Freida Schott, 16 F-R-E-I-D-A, S-C-H-O-T-T. I'm a resident of Tuscarawas 17 County. I live in Beach City. Prior effective dates 18 for this rule for the air pollution nuisance prohibited 19 are February lS of '72 and May 17th of '82. So your 20 five year rule review doesn't hold in this case. So 21 why is it now nearly 25 years later that the EPA 22 decides that this rule needs to be rewritten or, better 23 yet, termed eliminated, barely six months after this 24 rule had to be implemented at a landfill in Stark 25 county because the noxious odors that are emanating FRALEY, COOPER &, ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345"855621 1 from the landfill to the surrounding communities 2 endangering their health, safety, welfare and quality 3 of life? 4 You cannot eliminate the wording in paragraph 5 B, the source of the odors not subject to the 6 regulations under Chapter 3745 of the Administrative 7 Code. The aluminum dross that was dumped in to this 8 landfill and is the known cause for this odor, this 9 noxious odor is not considered a solid waste as per the 10 Administrative Code 3745, and, therefore, would fall 11 under the category of "not subject to" in paragraph B. 12 I would also like to know who or what entity 13 requested the wording change or elimination of this 14 that prompted these actions after nearly 25 years. 15 Thank you. 16 17 MS. MCCARRON: Thank you. Bill Ruth. MR. RUTH: Bill Huth, H-U-T-H. I'm here 18 representing the Lawrence Township Board of Trustees. 19 I have submitted a private response to these rule 20 changes, and I would like to just make a few statements 21 which are part and parcel of the township's position on 22 the proposed rule change. 23 Two aspects of that proposed rule change. 24 One is that if they were to be changed from what they 25 are at present, the situation that we have currently FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-8556

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### ) 14 15 16 17 18 19 20 21 22 23 24 25 22 where the landfill has been ordered to abate this nuisance, this odor nuisance, would not have been possible. In other words, what we know about the odor coming from the landfill as was mentioned in the previous speaker's comments is not a substance that appears to be regulated under solid waste landfill. Therefore, it would not show up in the permit to install or the permit to operate. And, therefore, it's been

-- it was in September of 2006 that I submitted a verified complaint to the Ohio EPA as an individual private citizen. I'm sorry, 2004. That's two years ago. And that was based upon my being denied reasonable enjoyment of my property. And under the new rules, this would no longer be possible.· And for that reason alone, there's justification for not approving these rule changes. Also, another aspect of the new rules is that

one has to be sick or be able to prove that one is sick from the odors that would be the causative factor for your illness. We know, for example, that if a person doesn't eat, they become malnourished. It takes and it stands to reason, if a person is forced to smell the foul smelling stench of rotting municipal garbage over

a prolonged period of time, days, hours, whatever have you, it will make a person sick. It will make you .' FRALEY, COOPER & ASSOCIATES (800) 852-5163 (614) 228-0018 (740) 345-855623 1 nauseous, it will make you throw up, it will make you 2 have headaches. It may cause -- for those who have 3 Immuned respiratory conditions, it may cause them 4 asthmatic attacks and so forth. 5 So it's nonsense to say that you have to 6 prove in a medical

-- you have to get sick, go to the 7 hospital, before it can be declared a nuisance. Thank 8 you. 9 MS. MCCARRON: Thank you. Brenda Chatden or 10 Charden. Pass? Okay. James Linnen? 11 MR. LINNEN: Thank you. My name is James 12 Linnen, L-I-N-N-E-N. I'm a resident of Boliver, Ohio. 13 And I'm here to request the authority that has been 14 placed upon the EPA to not make changes to their 15 operation, oversight on the laws that are provided to 16 them by our state representatives. Being the EPA 17 doesn't make the law, they just perform, ensure the 18 laws are being conducted. 19 But I feel that the changes that they make, 20 they want to make, are arbitrary and capricious. And I 21 find that the changes they're making are also a 22 conflict of interest to the public and the people of 23 the entire State of Ohio. Because this change is not 24 just going to affect landfills. It's going to change 25 municipal water disposable plants. It's going to

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### change farming. It's going to change

-- have effects throughout the state in all industry. Now, I also find in my opinion, and I find it somewhat supportive in the changes being made here, because on the first page in reference to the fact that could lead to legal challenges, so I am declaring and I

am requesting

-- though we're not supposed to request

or ask questions, so I'm going to declare that the EPA has been approached either by Countywide Landfill or its legal representatives or landfill association or any other association representative in their behalf to make these changes so they could preserve their entitlements. They can preserve their income, their earnings. And the EPA is going along with that because they receive revenue from tipping fees. So they don't want to lose these revenues. They get their salaries from these revenues. So it's a conflict of interest. They operate. They would lose employees if they didn't have these tipping fees. So it's a conflict of interest. EPA cannot grow or even be in existence without these tipping fees. I realize they get fees from other sources, but, you know I think you all get the picture here. There's something under the table that's not right. And I'm going to bring it out in the air. Somebody is

FRALEY, COOPER 6< ASSOCIATES (800) 

### 852-6163 (614) 228-0018 (740) 345-8556 .25 1 pushing the EPA. So I'm asking who is it? I want to 2 know the source. I want to know where this originated. 3 And I think the public through the public records has 4 the right to know what. this source is and why. 5 Also, the language that's being used is vague 6 at the most

-- or at the least, it's just vague. It's 7 misleading. And I'll give you a few examples here in 8 their own paperwork. As far as the definition of odor, 9 you know, requiring that it be documented or recordable 10 and this and that to cause health or illness, affect 11 our health or illness? It's worked since the first 12 time it was written as law and there is no reason now 13 change it. 14 The definition of odor and its use here. 15 It's written to enable the EPA to ignore the public's 16 concerns and complaints and their well-being. Okay. I 17 already mentioned the legal challenges part of this. 18 And that's because there's already lawsuits in the 19 court systems now in existence that's being challenged, 20 and that's why it's been brought to their attention. 21 There's so much here that's in violation of 22 my rights as a citizen of this United States and the 23 State of Ohio, it's pathetic. There is a limitation on 24 this declaration of what is considered regulated. 25 They're talking about air permit to install particulate

FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-85561 2 3 4 5 6 7 8 9 10 11 12 13 

### ) 14 15 16 17 18 19 20 21 22 23 24 25 26 

### matter, sulfur dioxide or volatile or organic compound, regulation, et cetera, et cetera. It was mentioned that this aluminum dross or black dross would not be part of that. But that's because they've

-- it's a particulate matter. Now, what is the definition of particulate matter that they're using here? Does it include all industrial waste and matter and chemicals, et cetera, from. all operations and processes that are being put in

our waste sites, okay? So they're very vague. They're very vague in the use of the terminology on the definition. And it's referred to objectionable odor from

an old or small sewage facility or treatment plant. What is the definition of old? Who's determining what the definition of old is here? That's vague. Who's determining the definition of small? That's vague. Arid they're going to use it against any fight to stop a landfill or any other operation in the State of Ohio throughout the State of Ohio if these·-- if this is allowed for them to use these type of vague terms that they

-- for them to decide what their meaning is. And they can change that meaning anytime they want whenever they feel that they don't want to pursue or regulate this anymore, if they don't want to FRALEY, COOPER 

## « ASSOCIATES ·(800)**852~6163** (614) 228-0018 (740) 345-8556

### 1 2 3 4 5 

### 6

7 

### 8 9 10 11 

### 12 13 ) 14 

### 15 16 17 18 19 20 21 22 23 24 25 27 receive your phone calls. MS. MCCARRON: You can start wrapping it up. You're over-time right now, so if you can make a final

-- MR. LINNEN: I think everybody has the idea here. I thank you very much. MS. MCCARRON: Thank you. David Altman. MR. ALTMAN: David Altman from Cincinnati, Ohio, A-L-T-M-A-N. 15 

### East State Street, Cincinnati. I'm giving to the moderator an original copy of our comments on behalf of a number of groups. Let me go a little bit beyond what we've said in the written comments and explain why my office on behalf of a number of the groups, including CALE and including the Perrnafix group that's here and including the Sierra Club and Citizen Action, Teresa Mills, Buckeye Network. And I think that's it. One of the reasons we're very concerned about this

-- I've been lurking around the environmental area since 1969. I was on the first OVersight Committee of the first Ohio EPA in 1972. Well, I was a graduate student and a law student. And it wasn't until the 1980s that I started litigating these cases. But I can tell you that on every air case and in many waste water cases that I've handled, it's been

FRALEY, COOPER &; ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855628 1 my honor to handle on behalf of neighborhoods, whether 2 they're extremely poor or whether they're moderate 3 rich people don't tend to have these people

-- the 4 odors that emanate from some source have been the piece 5 of evidence that has broken what are now fairly famous 6 cases in Ohio. 7 Without odor evidence and without the odor 8 rule as we have it, even though the Ohio EPA was not 9 always a lot of help and sometimes were a hindrance, 10 without odors, we would not have orders that are -- 11 have solved some of the many problems that we have. 12 And in the case of Permafix and CALE and hopefully 13 Countywide, are on their way to**~olving** many others. 14 And people here in Columbus know what this is about. 15 The odor is nothing more than a kind of 16 evidence. Why would you exclude bleeding as evidence 17 of laceration? Why would you exclude a lump in your 18 gut as possible evidence of a tumor? And yet the one 19 consistent evidence I have seen and my people have used 20 over the years has been odor evidence. 21 Now, I can tell you in the public record of 22 the Permafix case, what Ellis Jacobs and I have 23 experienced, that industry tries to turn a simple 24 nuisance case in to a medical case. They say you don't 25 have medical proof that anybody's getting sick. And if

FRALEY, COOPER "' ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855629 1 anybody is getting sick, they will try to say, well, 2 how do we know that it's not really some other problem 3 you have? 4 Well, A, if you do have another medical 5 problem and you're having an odor type issue, it tends 6 to be more debilitating, and whatever is carried along 7 with the odor can be a bigger problem for you if you're 8 already sick. But what is being said by our Ohio EPA 9 under Taft EPA is that you're fair game if you live in 10 the area. 11 And I'm not going to repeat the welfare issue 12 because it's been so beautifully put by many of you 13 today. Welfare has been cut out of odor. In other 14 words, what this means is that the fact you can't sit 15 in your front lawn, have a somebody mentioned 16 barbeque. Have a barbeque in your front lawn, that you 17 maybe can't even be outside of the house is okay 18 because somebody, either in the agency in an ivory 19 tower, or out in the field not wanting to have to 20 control these problems, somebody doesn't want you to be 21 able to use your property and quietly enjoy it. They 22 want you to be ill before you can do something. 23 And then your medical records. Your 24 hysterectomy, some issue when you were a young person, 25 your medical records will be what 

### they will want to

FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855630 1 see. That is not where we're headed. That's**wh~re** we 2 are with respect to this. 3 So, anyway, the good news is that in Federal 4 Court, the threat of litigation, we have been able in 5 the Permafix case to recently re-establish that odor 6 nuisance is a valid and viable way to go. And, second 7 of all, these laws are preventive, prophylactic. They 8 are meant to stop harm. They're not meant to be used 9 when people have being zipped in to bags or vomiting on 10 their front lawn and have no other possible condition 11 that could cause it. They are meant to be preventive. 12 That's the other thing this is taking away from you. 13 And then let me say very quickly that when we 14 first started looking at this, thanks to Teresa Mills, 15 and I know she was warned by someone about this corning 16 up, but Teresa Mills

-- we missed it somehow even 17 though with have parallels looking at this material. 18 We didn't look at that last clause that several of you 19 have been wise enough to mention about is it regulated. 20 Even if you are dead proving you're sick because of the 21 odor, you have to be able to show because of the 22 conjunctive "and" in this change of the Ohio EPA's 23 making that it's coming from a source that's regulated 24 under this. So that means that even the medical issue, 25 

### you could lose on, under this version. FRALEY, COOPER & ASSOCIATES (800) 

### 852-6163 (614) 228-0018 (740) 345-85551 2 3 4 5 6 .7 8

9 10 11 12 13 

### ) 14 15 16 1.7 18 19 20 21 22 23 24 25 31 MS. MCCARRON: You can start wrapping up. MR. ALTMAN: Yes, I will. I appreciate the time. So remember it's preventive. Remember you shouldn't have to have a medical issue. And let me say that it is absolutely crazy to have a problem that you say people don't know what to do with malfunctions that last a few minutes? The Taft EPA, they had a great

answer. Give them two to three hours. That way they don't have to worry about the malfunction that lasts a few minutes. Every day. Crazy? I would use another word. Breathtaking. MS. jVICCARRON: Thank you. Kenneth Garloch. MR. GARLOCH: My name is Kenneth Garloch, K-E-N-N-E-T-H, G-A-R-L-O-C-H. I'm a resident of Newark, Ohio. And I guess my complaint here today, I think I'm going to be here probably with the rest of the residents of Newark in about two to three years because we have an E85 ethanol plant that's currently proposing wanting to have a permit to build on the southwest edge of our city and which is directly upwind from us so that everything from the plant

-- and I live within about 1.5 miles of the plant

-- along with two hospitals, other service care agencies, a large number of residents, a metropolitan area, and they are going

to be, I'm sure, emitting

-- well, I know that they'll

FRALEY, COOPER & ASSOCIATES (800) 852-6163 (514) 228-0018 (740) 345-855632 1 be emitting pollutants. EPA will be handling that. 2 But they also are going to emit an odor. 3 However, this 

## Eas company is a brand new company, which 4 many of them are across the country. And there's no 5 track 'record on them. So you can't go back and look 6 and see what type of work they are doing. 7 They're proposing to the community that we'll 8 have zero odor from this plant. I've gone to the 9 Internet and I have a whole portfolio of comments from 10 people talking about the odors from ethanol plants. 11 And here's one from South Dakota. It's Lake Herman, 12 South Dakota. A person states that the stench from the 13 grain alcohol, when the wind is right, I've smelled the 14 Wentworth ethanol plant from Lake Herman 10 miles away. 15 Others state that these plants have a stench to them 16 that isn't quite like as though you're right next to a 17 hog farm, but right behind that. 18 So I guess I do not want

-- and many other 19 people in Newark share these same feelings. However, 20 we're all just getting started iri looking here. And 21 seeing what's been presented today, I think all of your 22 comments today are just right in line and I think that 23 we're probably going to be looking at the same thing 24 from the odors. And if they change their regulations, 25 EPA changes their policy on these regulations to where FRALEY, COOPER &, ASSOCIATES (800) 852-6153 (514) 228-0018 (740) 345-855633



### affected from it. to control that odor.

as needed." they are not going to do anything unless the odor is

.



### of course, you know, we have this big what we have to look forward to. This is what many I've been listening and thinking, oh, my gosh, this is

So I'm completely against any change in these trouble. There's not going to be any way we're going

And we've been having letters to the editor in the paper and the people that are for this ethanol plant. Here's one of them. And he finishes his up and emitting from a harmful particle, we're going to be in

boom on ethanol plants. Why they saw fit to put this says "the city and the EPA will protect the environment

We can see what '·s happening here, and I guess

and I can see that probably the same thing with the other people

one right in us -- right up against a city limits and all these people that are going to be involved in it

landfill and the number of you people that are being

regulations that takes any possible authority. Even if it's just by policy on a rule. But in looking at these

as, you know,is 

### it regulated and is it this, is it rules, and I've seen all this great testimony as far

that, and I don't think that we can even chance going 1 2 3 4 5 6 7 8 9 10 11 12 13 ! 14 15 16 17 18 19 20 21 22 23 24 25

FRALEY, COOPER .., ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855634 1 with a change. 2 And this 25 year thing that they haven't 3 looked at it and all of a sudden we're looking at a 4 five year rule change, that's interesting to me. 5 Some of the other areas about personal 6 things, who's actually

-- have personal involvements in 7 some of these things that you don't understand. And in 8 the ethanol plants, of course, you have city 9 administrators and others that ethanol plants are going 10 to and saying, hey, we'll let you invest in our 11 property and we don't know what these other conflicts 12 are going to be that people are looking at that we have 13 to deal with in the future. 

### ) 14 So I'm completely against changing any of



### J 15 these rules on odors. I think that there has to be 16 some way to control odor, and it can't be from a 17 hazardous product or something. If it's an odor, it's 18 a stench odor, and I think like has been testified 19 earlier, and it was just eloquent as far as our 20 rules

-- excuse me, our Declaration of Independence and 21 our Constitution and the rights. that we have as people. 22 And we do have these rights, and our state agencies 23 should be looking out for us and they shouldn't be 24 going in and wanting to change a policy on a rule. 25 And I**~ess** from working with the state for

FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855635 1 35 years and some law enforcement and regulatory areas 2 and that, and I look at policies and rules and things. 3 You have to have that and you have to have the agency.

.4 Even though there might not be a legislation or a law,

5 if they have a policy that they've been using toward a 6 specific rule, let's continue it if it's been effective 7 in the past. Let's don't change it now for no reason. 8 9 MS. MCCARRON, Ellis Jacobs? MR. JACOBS, Good afternoon. My name is 10 Ellis Jacobs. I'm from Dayton, Ohio. 333 West 1st 11 Street. I'm an attorney there in Dayton, and I 12 frequently represent community groups that are 13 concerned about industrial facilities that pollute 14 their neighborhood. And what I've noticed over the 15 years -- and some of what I'm going to say will echo 16 what you've heard Mr. Altman already say. 17 What I've noticed over the years is that the 18 first thing that draws people's attention to a 19 problematic industrial facility in these older 20 cities

-- Dayton's an older city where I work

-- ·is the 21 smell. 22 It's not that

-- and the rule change that's 23 being proposed here today in the nuisance section isn't 24 a small rule. It didn't bring the rule in to line with 25 anything. What it does is essentially guts the ability

FRALEY, COOPER & ASSOCIATES (800) 852-6163 (514) 228-0018 (740) 345-855536 1 of the Ohio EPA to address these essential problems 2 that communities are experiencing as a result of 3 industrial facilities. And as we've heard today, as a 4 result of the operations of landfills, as well. 5 And it guts the ability because community 6 people can't prove the things they would need to prove 7 to get you interested in your new version of the rule. 8 The new version of the rule says bring me the bodies 9 and prove that this company caused that problem. And 10 then it goes even further. If says that's not enough 11 to prove that the company caused the problem. Show me 12 that it's the controlled emissions, particular 13 emissions, tell us what chemical caused the problem. 14 Now we're interested. 15 Well, people in these communities don't have 16 the ability to show that their particular problem is 17 caused by emissions. Usually they don't. Or certainly 18 initially when they take an interest in the problem, 19 they don't. And they don't have the ability to show 20 exactly what chemical is causing the problem. They 21 rely upon interesting the Ohio EPA and/or the local air 22 pollution control agencies in these problems to get 23 their help showing exactly what's going on there. 24 Well, if you change your rule, there is no 25 reason why your local air pollution control agencies

. FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 22.8-0018 (740) 345-855637 1 are going to take an interest. In Dayton, we've had 2 some success getting RAPCA, the Regional Air Pollution 3 Control Agency, to take an interest in these sorts of 4 problems under the old rule. RAPCA will go out and 5 they'll do odor monitoring. Odor monitoring. At 6 Permafix, as you'll hear about later today, 70 percent 7 of the time, it smells bad. 8 Well, under the new rule, there is no odor 9 monitoring, is there? There's health effects 10 monitoring. Well, RAPCA isn't set up to do health 11 effects monitoring. They're not going to do it. 12 And so in the instance of Permafix where it 13 went from an odor concern to what is a major concern 14 for the entire community, it would never have happened. 15 And I can give you several other examples. The Dayton 16 Waltha facility resulted in the largest air pollution 17 fine that the ohio EPA ever issued. This was back as 18 of 1990. Same thing. People in the community can tell 19 you it smelled. They couldn't tell you exactly what it 20 was. And they couldn't prove that their health 21 problems were caused by that particular facility. 22 But they sure knew that they couldn't grill 23 out in their backyards. A guy used to tell me, he'd 24 say, well, I used to grill in the garage and then run 25 the steaks in to the house as quickly as I could

.

. FRALEY, COOPER & ASSOCIATES (800) 852-5153 (514) 228-0018 (740) 345-8556

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6 7 8

9 

### 10 11 12 13 i 14 ! 15 16 17 18 19 

### 20 21 22 23 24 25 38 

### That's what he knew. And that's what resulted in the largest air pollution fine that you guys had issued as of 1990. But under the new rule, those people would have just had the right to suffer. So the rule's a terrible rule. As is the earlier rule 06 which would allow you to operate as a malfunction for two or three hours every day, I mean, that's just

-- it's ridiculous. Now, I think you know people have said where do these crazy ideas come from? Well, I mean, I think I don't know. Sometimes, you know, maybe the agency's bending over backwards to help industry they think or maybe industry is pushing so hard. But I would submit that this is the worst kind of help. It's like saying I'm a financial auditor, and the way I'm going to help this company is by letting them cook their books. We'll allow them to hide expenses, see, because that will help the company_ Wrong. Wrong. That doesn't help a company. That helps·a company die. And if you let a company get away with polluting a neighborhood, you're letting that company pursue baq business practices. Bad polluters are poorly run companies.The future of Ohio and the jobs and economic FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855639 1 development that we need is not going to be built by 2 turning a blind eye to companies that decide to put 3 their costs on the community instead of reinvesting 4 their profit in their own company, their employees and 

# •

• 5 the communities that they're in. This is a step in the 6 wrong direction. I would urge you to reject these 7 rules. Thank you very much. 8 9 MS. MCCARRON, Thank you. Laura Rench. MS.**RE~CH,** Hi. My name is Laura Rench, 10 L-A-U-R-A, R-E-N-C-H. I'm a resident of Jefferson 11 Township in Montgomery County, and I live near the 12 Permafix facility of Dayton, ohio. In addressing the 13 proposed changes to OAC 3745-15-07, I would like all of 14 you here today to get a feel for what the neighbors 15 surrounding Permafix of Dayton will be facing if they 16 no longer have the ability to contact Regional Air 17 Pollution Control so RAPCA can help them when they are 18 overwhelmed by the emissions of this company. 19 Permafix isn't just a large hazardous waste 20 facility in the middle of a huge industrial area. It 21 is a facility that sits in a neighborhood primarily 22 composed of poor minorities. But not just that. There 23 is a senior citizen facility, a nursing home and a 24 private elementary school. There is a juvenile rehab 25 center and a place called Calumet Center which provides

FRALEY, COOPER &, ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-8556

### 1 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 14 15 16 17 18 19 20 21 22 23 24 25



### , 40 day services to severely handicapped adults. Then there's Arthur Fisher Park, a place where area residents are supposed to be able to enjoy the outdoors without having to breathe industrial air pollutants. The odorous

-- odors and hazardous air pollutants from Permafix have affected the health of all these people. Not just occasionally, but for years. In July of 2001, Regional Air Pollution Control declared Permafix a public nuisance after receiving and verifying hundreds of complaints of horrible odors coming from the facility. These complaints have generated enforcement action against this company that never would have happened if it were not for the regulation of this agency. So how can you take away the only source these citizens have so their voices can be heard? These people as well as myself have been sickened by this company's hazardous emissions. Many are elderly and poor. Under the new rule, I would have to prove that it is a particular regulated chemical that the company is emitting that is causing my 

### illness? Do you think if I went to a local ER, if I went to Kettering Medical Center, like I did last fall, and I sat for five and a half hours waiting to be seen

FRALEYI COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855641

1 by a doctor, do you think after waiting all that time I 2 came up to the doctor and I said, hey, doc, here's a 3 list of regulated chemicals, I'm really, really sick, 4 are you going to test me for these? Because I need to. 5 I seriously doubt he's going to do it. I seriously 6 doubt he would have any idea what to do with it. 7 I have just a couple more things to say, and 8 it's from

-- these are some of the residents, a couple 9 of residents' comments that have lived in this 10 neighborhood for years. Ruth Miller, who lives at 136 11 West End Avenue, is a widow and has rented her house 12 for 13 years. Ruth lives directly across the street 13 from Permafix. She remembers almost to the day that 14 Permafix began operating at the former Clark Oil site. 15 The odors permeated every part of her home. 16 Until recently, the bdor emanated from her drains and 17 toilets. She's enclosed her front porch in a tarp for 18 years in an effort to keep the smell out of her house. 19 She suffers from chronic nose bleeds, nausea, vomiting, 20 rashes, and respiratory problems. Since 2006, she has 21 had five stents placed in her heart. She is a 22 nonsmoker and was in good health until Permafix began 23 operations. She can no longer work at her job at the 24 local Laundromat. 25 Jason and Anita Moore has lived in their FRALEY, COOPER &ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855642 1 house since 1990. Jason moved in the house in 2002. 2 Anita remembers the first experience she had with 3 Permafix in the summer of 2000. Anita, her mother and 4 daughter were all in the house when they became 5 overwhelmed by a horrible sulfur smell. They were 6 having trouble breathing along with many of the 7 neighbors. They thought this was a gas leak; When the 8 authorities came and checked everything thoroughly, 9 they traced the smell back to Permafix. 10 Anita has suffered from headaches, nose 11 bleeds, rashes, asthma, and anxiety since that time. 12 Jason has recently developed lung problems as soon as 13 he moved in. He is currently taking four different 14 medications and inhalers for breathing difficulties. 15 Their granddaughter, Shayna, who recently moved in with 16 them, has been suffering from headaches and respiratory 17 problems. She did not have these problems before 18 moving. 19 One more. Heather Wood. Heather is a 20 wonderful young woman who lives with her husband and 21 four young children in a rental house for two years 22 that's directly aCrOSS the street from Permafix. 23 Although she was aware of the problems of Permafix, 24 this was the only option they could afford. Heather 25 describes the odor as nail polish remover/ or very FRALEY, COOPER & ASSOCIATES (800) 852-5163 (514) 228-0018 (740) 345-855543 1 strong hair perm solution, Dr sulfur-like garbage 2 smell. The effects of the smell are headaches, nose 3 bleeds, rashes and nausea. She also has difficulty 4 concentrating and feels a terrible sense of anxiety. 5 Her eight year old son, Alex, was just recently put on 6 a breathing machine. She worries about her younger 7 children because they are often very lethargic and they 8 used to be happy and so rambunctious. She would like 9 to move, but she has nowhere else to go. Thank you. 10 11 MS. MCCARRON: W.G. Bronston? MS. BRONSTON: Willa Griffin Bronston, 12 resident of the

-- State of Ohio taxpayer. Today, I 13 believe it's important to request the OEPA to do more, 14 not less. As Ohio resident, a reduction of the OEPA's 15 continued coverage of air and odors is unacceptable. 16 I'm not just here because the horrible distasteful I 17 odors are intrusive in to my lifestyle. lim not here 18 just because the constant overwhelming obnoxious odors 19 are a nuisance. And they are. I'm here because these 20 odors and air emissions near my home have a huge 21 negative impact on me and my loved ones. 22 We need the OEPA to step up its monitoring 23 and regulation of air emissions from known and unknown 24 violators, not reduce oversight. We need you to 25 protect us from the physical harm as our noses do.

FRALEY, COOPER &: ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855644 1 They warn us when something is wrong with our immediate 2 environment. And odors research will say that, how 3 intimately involved our olfactory organ is in helping 4 to protect us to avoid certain situations. Don't ask 5 me to relinquish 

### my right to life, liberty and the 6 pursuit of happiness. I plan to retain that right with 7 the help of the OEPA. 8 9 MS. MCCARRON: Thank you. Mary Johnson? MS. JOHNSON: Good afternoon. I am Mary 10 Johnson, M-A-R-Y, J-O-H-N-S-O-N, and I live in 11 Jefferson Township. The proposed new rules espoused by 12 the ohio EPA clarifies for me that as a citizen, if I 13 am vulnerable to toxic smelly emissions harmful to my 14 health,the OEPA is not interested in identifying that 15 agent that is so repugnant to the sense of smell and 16 also cause for 

### my health problems? 17 The U.S. EPA was established in 1969 to 18 regulate and control harmful emissions that threaten 19 the health of inhabitants and the environment. Since 20 that time, strong rules were established and then later 21 changed to accommodate industries rather than create a 22 vision whereby both regulators and industry 23 collaborated to improve the lives of people and the 24 communities in which they live. 25 Our quality of life is sliding in to the 19th FRALEY, COOPER & ASSOCIATES (800) 852-5163 (614) 228-0018 (740) 345-855645 1 century when it was common for air pollution to cause 2 asthma, heart disease, cancer, birth defects and other 3 upper respiratory diseases. It is now obvious with the 4 changes in the rules that quality of life is no longer 5 important. All that matters anymore is the bottom 6 line, money. M-O-N-E-Y. 7 I live in Jefferson Township where there is a 8 company known for violating the Clear Air Act. These 9 new rules would give this company the out it has been 10 seeking. It would now be able to continue to put out 11 foul smelling emissions that rob its neighbors, 12 especially children, pregnant women, elderly people, 13 and the sick, of not only their quality of life, but 14 also their very lives. These emissions awaken people 15 out of a deep sleep at 3:00 a.m. in the morning 16 slamming a salvo of nausea-producing headaches. The 17 emissions are so repulsive that no nearby residents can 18 even entertain guests in their backyards. Windows have 19 to be closed at night to prevent these health robbing 20 odors from stealing our joy. 21 Our community is the first place that local 22 governments select to put their stinking trash from 23 industries and residences. There is a price to be paid 24 for these lopsided practices. Toxic waste in our air, 25 water and soil. Today, we are seeking justice. We

FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855646 1 need an advocate to not only care about but to act in 2 the best interests of those who have no voice. By the 3 action taken by the Ohio Environmental Protection 4 Agency, the organization has proven it is no advocate 5 and certainly not protective. It is time for it to 6 change its name or dissolve itself since the mission it 7 was slated 'for is no longer a priority. 8 One last item is the following: Integrity is 9 not just a quality for human beings. It is also a 10 descriptive characteristic for organization. It means 11 being whole, complete, trustworthy, authentic, honest. 12 It is a word

-- the organization's word is being its 13 bond. I am asking the OEPA to show its integrity to 14 the citizens who depend on them for protection. Thank 15 you very much. 16 MS. MCCARRON, Debra Gray? Pass? Okay. 17 Teresa Mills? 18 MS. MILLS: T-E-R-E-S-A. My address is P.O. 19**Bo~** 182, Grove City, Ohio, 43123.**My~ame** is Teresa 20 Mills, and I am the director of the Buckeye 21 Environmental Network. I am also testifying on behalf 22 of Ohioians for Health, Environment and Justice, as 23 well as Ms. Karen Cassidy. Karen could not be here 24 today because she is dealing with chemotherapy due to 25 lung cancer. Karen, if you recall, has been in a long FRALEY, COOPER & ASSOCIATES (800) 852-5153 (514) 228-0018 (740) 345-855547 1 running battle with Columbus Steel Castings whose odors 2 invade her home and neighborhood on almost a daily 3 basis. 4 A given emission or activity may be in full 5 compliance with government regulations and still 6 constitute a nuisance. For many years, we have 7 assisted citizens around the State of Ohio file 8 verified complaints on odor nuisance. And in every 9 case, we have done so under Section 3745-15-07. 10 Today you are taking away our ability to do 11 that in the future. I guess that is your intent. You 12 claim the purpose -- you claim the proposal is a minor 13 change that reflects the agent's current policy on odor 14 problems. That may very well be the way the agency 15 sees it, but citizens see it quite differently. We, in 16 fact, charge that Ohio EPA has failed to follow the law 17 when dealing with air nuisance. And we also claim the 18 agency is in violation of your own state implementation 19 plans as filed with the United States Environmental 20 Protection Agency. 21 As it states in 3745.01, it is the intent of 22 the General Assembly that the Environmental Protection 23 Agency shall, underline shall, prevent and abate 24 pollution of the environment for the protection and 25 preservation of health, safety, welfare, and property FRALEY, COOPER & ASSOCIATES (800) 852-5153 (514) 228-0018 (740) 345-8555

### 48

them. I've had mothers in the area call me on the

odors. Families in the area at times have had to leave

One of the chemicals that is emitted from welfare. Please excuse my voice. In the past three this is what happens when for enforcement of the right of the people to environmental quality consistent with human health and of the people of the State of ohio. And, F, provide

Citizens in the area have complained to the In the past three years, we have assisted years, we have assisted

many**comm~ities** 

### in dealing with asphalt plants. Some of these plants were proposed and some were already you deal with odor nuisances.

River just outside the city of Gallipolis. The plant consists of 200-ton an hour asphalt plant as well ,as operating. One such plant is**locate~along** 

### the Ohio

Ohio Environmental Protection Agency for years storage tanks that store up to 45 million gallons of asphalt cement.

regarding odor and physical effects the odors have on

children in the background screaming, mommy, mommy, it

these types of facilities is hydrogen sulfide. telephone to report odors. And I can hear their

their homes because they cannot catch their breath. hurts, it hurts. And the children are referring to the 1 

### 2 3 

### 4 5

6 

### 7 8 9 

### 10 11 

### 12 13

" I 

### 14 15 16 17 18 19 20 21 22 23 24 25

FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855649 1 Hydrogen sulfide is a suffocant. It has a very low 2 odor threshold, and is also very deadly at low levels 3 in a confined space. 4 One problem we have with the facility is that 5 Ohio EPA keeps telling citizens they're in compliance 6 with their permit. The only reason they're in 7 compliance with their permit is because hydrogen 8 sulfide is not a pollutant that's regulated in the 9 company permits. Over a year ago, citizens were asked 10 for copies of letters from the doctors stating that the 11 odors were causing their health problems. When I was 12 told of this, I challenged the Ohio EPA to show me 13 where in the law that it states that citizens have to 14 show medical information to claim a nuisance. Ohio EPA 15 could not answer that. 16 Knowing that this is at least the fourth 17 time

-- fourth time

-- Ohio EPA has tried to change the 18 nuisance law, one would have to ask if the agency is 19 working at the behest of a power special interest and 20 not the citizens of the state who you are required to 21 protect. 22 In a recent newspaper article, Mr. Holden 23 Mosley said the odor issue spelled out in a company's 24 air permit would also still be covered. However, as we 25 all know, a company's air permit only refers back to

FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855650 

### the rule. As part of my comments, I'm including a document entitled Odor Complaint Investigation Procedures by the Texas Commission of Environmental Quality. While not perfect, it is certainly better than what Ohio EPA does today when dealing with odors in our community. Ohio needs to strengthen 3745-15-07 

### and not weaken it. MS. MCCARRON: Thank you. Rosanna Dell. MS. DELL: I go by Rosy Dell, but my 

### legal

name is Rosanna, R-O-S-A-N-N-A, Dell like the computer

or farmer, depending upon your technology. I'm here today

-- I'm a resident in Jefferson Township. I have been a resident in 

### Jefferson Township since I was five years old. So I'm definitely old .enough to remember some of the things that have occurred in our community. I've also been involved in



### our community to help with the fight for the VX hydrolysis. If we had not had some of the protection rules from the EPA, we would have had a lot of problems fighting some of those fights. But I'm here today as a mother whose children

are grown and I'm speaking on behalf of mothers who couldn't be here today. Please do not weaken the rules that protect

FRALEY, COOPER &: ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-85561 2 3 4 5 6 7 8 9 10 11 12 13 } 14 15 16 17 18 19 20 21



### , 22 23 24 25 51



### us. If anything, please put more teeth in to those rules so that our state will prosper. Now we have children leaving not only the local area but the state because of businesses and they don't have jobs. But with bad companies coming in, we're not going to have people to work the jobs that do come in. So I would ask that you put more teeth in to the rules and not make us gumless. Don't take that strength away from the people and from our future generations. MS. MCCARRON: Thank you. Philip Dell. MR. DELL: Philip, P-H-I-L-I-P, Dell, D-E-L-L. I live approximately

-- in Jefferson Township, Montgomery County, suburb of Dayton, approximately somewhere in the vicinity of 3 to 5 miles from Permafix. I also work at a large V.A. Medical Center which is approximately 2 miles from Permafix. And so the odors have been noted both at the V.A. and at our home. I'm a registered nurse. I am concerned about the health of the veterans who come there to improve their health. The odors have been pretty heavy there. I'm not sure most of them are even aware of what it is



### or what it's coming from, but it is there. Oddly enough, the V.A. Medical Center that I work with, the location was specifically chosen in the

FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855652 

### 1800s as a location to promote health because it's in a higher location, and it was thought at that time that if they were close to lower levels where the swamps were; that it would be a bad location for health. And

now it seems like we've come full circle so that the location is not necessarily conducive to good health either. There's a lot

-- I'm not a lawyer. I appreciate the attorneys that were here to speak because I did try to read the rules, and, honestly, I became more confused the more I read them. So all I

can tell you about that I'm complaining about is my understanding of what the rules are saying. But understanding actually is probably one of the most important parts, because RAPCA, who is the entity that we report the odors to, their interpretation of this is that they would no longer be taking and following up on the. odor reports. So what it actually means is irrelevant. If that's what's going to happen, that's what it effectively means. Permafix has demonstrated its ability its proclivity to take basically what they do is treat toxic chemicals. And they have demonstrated their interest in treating the most toxic chemicals by making

a very, very active attempt to treat a slightly altered FRALEY, COOPER &ASSOCIATES (800) 852-6163 (614) 228-0018 {740} 345-855653 1 form of VX, which is the most dangerous chemical on 2 earth known to man. If you're not familiar with that, 3 enough of this substance to cover two of the columns on 4 the Lincoln Memorial on a penny is the amount that is 5 supposed to kill a person. So they were trying to 6 treat gallons of it. And as you have heard testified, 7 their treatment of the chemicals that they already 8 treat is less than responsible. 9 So another thing is that Permafix actually 10 they, I guess, sell their soil to be used in the 11 landfills. So the landfills

-- there are three 12 landfills in our area that I can think of right off the 13 top of my head. And so then they want to say, well, 14 the smell you're smelling is probably a landfill smell. 15 Well, maybe it is, but maybe it still came from 16 Permafix. 17 So, you know, then as a nurse, I know that 18 you look at health problems. You know, we don't live 19 in a vacuum. You can't use -- I mean, according to the 20 scientific method, if you want to prove that this came 21 from this, you have to have only one variable. We 22 don't live in a situation where there's only one 23 variable. There's all kinds of variables. Our area is 24 known as Sinus Valley. There's pollen factors. All 25 these things can affect health. So as long as there's

FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-8556

### 1 2 3 4 5 6 7 8 9 10 11 

### 12 13 ) 

### 14 , 

### 15 16 17 18 19 20 21 

### 22 23 24 25 54 anything else that enters your life,then you can't prove that this came from that. And so our health is affected. We need the odor requirement to be maintained. Thank you. MS. MCCARRON: Dona Middaugh. MS. MIDDAUGH: I'm Dona Middaugh, D-O-N-A, M-I-D-D-A-U-G-H. I'm an educator. My background is math and science. I'm from the Canton area in Stark County. I'm a trustee of the Tuscarawas River Buried Valley Watershed Council and a trustee for Osnaburg Township, which includes the Village of East Canton. I strongly oppose the proposed amendments to the Ohio Administrative Code 3745-15-07 regarding air pollution of nuisances. Limiting the definition of an odor nuisance to endangerment to the health of the public or injury or damage to property, that's the way it's worded, will severely reduce the existing nuisance protections necessary for the public welfare and safety. The proposed rule will effectively eliminate all odor nuisances in the State of Ohio. The Ohio Revised Code 3704.02 Section (A) (1) states that the Ohio EPA should, quote, protect and enhance the quality of the state's air resources so as to promote the public health, welfare, economic vitality, and

FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-85561 2 3 4 5 6 7 8 9 10 11 12 13 ) 14 15 16 17 18 19 20 21 22 23 24 25 55 

### productive capacity of the people of the state. That's

a quote. How can the Ohio EPA even consider the proposed amendments that will violate this requirement? The Stark County area where I'm from has many sources of air pollution including several large landfills. Our residents have experienced major odor problems around American Landfill, Countywide Landfill, Mount Eaton Landfill, and several construction and debris landfills, as well, at fairly dangerous levels. It is difficult to document and verify an odor nuisance. Our people should not have to breathe polluted air until they have developed adverse health problems or their property becomes damaged. The ohio EPA needs to start protecting the people and not protecting the polluters. For example, Countywide Landfill has a serious odor problem. If the proposed amendment is approved, Countywide Landfill will be able to continue polluting the air without any consideration to the public welfare and safety. The Ohio EPA is solving the odor problem for Countywide landfill by changing the rule so the residents can no longer call it a nuisance? The existing nuisance protections as authorized by the Ohio Revised Code 3704.03 

### Section E

FRALEY, COOPER &, ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855656 1 are necessary for public health and safety and should 2 not be limited by the Ohio EPA. The proposed amendment 3 cannot be justified in any legal, scientific or ethical 4 manner. Reject the proposed amendments for the ohio 5 pollution nuisance rule and protect our people. 6 7 MS. MCCARRON, Thank you. Catherine Turcer. MS. TURCER: My name is Catherine Turcer. 8 It's C-A-T-H-E-R-I-N-E, T-U-R-C-E-R. I'm the 9 legislator to Ohio Citizen Action. We have the state's 10 largest environmental organization. We have 100,000 11 members. 12 Now, something stinks in Ohio. And it's not 13 just the chemical emissions. It's the process by which



### "' ) 14 the Taft administration apparently decided to do a

)' 

### , 15 last-minute.favor for its contributors from the 16 chemical, oil and manufacturing sectors by gutting 17 Ohio's nuisance rules. These polluters have long 18 sought ways to avoid environmental enforcements. And 19 these proposed rules represent one of the most brazen 20 moves. 21 Ohio Citizen Action has worked with dozens of 22 communities across the State of Ohio. For many, the 23 first clue that there was a dangerous pollution in 24 their neighborhood was the chemical odor. These odors 25 sometimes present hazards in and of themselves. And,

FRALEY, COOPER &; ASSOCIATES (800) 852-6153 (614) 228-0018 (740) 345-85551 2 3 4 5 6 7 8 9 10 11 12 13 ) 14 15 16 17 18 19 20 21 22 23 24 25 57 of course, sometimes they're just markers of other dangerous emissions. The ability for government officials to enforce nuisance laws regarding odors is critically important. This isn't just about stopping these odors. It's about getting at the underlying problems and the consequences of chemical emissions at these facilities. Governor Ted Strickland took office just a few hours ago at midnight. He has not appointed a director for the Ohio EPA. The caretaker director left in place by the former governor has held this job for

seven days. Governor Strickland has both the moral and legal justification to withdraw these ill-advised proposed rules and start over by listening to everyone who spoke here today and to really hear what the residents of our community are saying. ohio has the highest level of toxic air pollution in the nation. Citizens and enforcement agencies need more tools to push companies to prevent pollution, to protect public health, and the environment and the economy. If we're going to turn around Ohio, let's begin by rejecting this lame duck

maneuver to gut environmental enforcement. MS. MCCARRON: Thank you. Trent Dougherty? MR. DOUGHERTY: Yes. My name is Trent,

FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-8556

### 1

2 

### 3 4 5 6 7 6 9 

### 10 11 

### 12

13 

### ) 14 l5 l6 17 l6 19 20 21 22 23 24 25 ) 

### 56 T-R-E-N-T, Dougherty, D-O-U-G-H-E-R-T-Y. And I am staff attorney with the Ohio Environmental Council. And the OEC is a networking and advocacy organization of about 125 environmental and conservation based organizations as well as a few thousand individual members throughout the state. And I just wanted to drop off our comments on these rules and express our strong opposition to this rule package, especially the aforementioned odor based pUblic 'nuisance rule and the almost laughable malfunction notice requirements. I'm not going to go too much in to what we've already put in our comments, written comments, or what has been obviously much more eloquently said by attorneys that have been dealing with air law in this state for decades longer than me and for individuals that live close to these facilities. I live just north of Ohio State University campus, so the only odor nuisance I get is every Saturday in fall, a little bit of a stale barley and hops. And I don't believe that they are considered one of the regulated emissions. Just a couple things I'd like to add. One, I received a phone call late on Friday about these rules from some staffers with the Ohio Department of Health asking, you know, what can we do about this. They had just learned about this rule package. They did not

FRALEY, COOPER &, ASSOCIATES (800) 

### 852-5153 (514) 228-0018 (740) 345-855559 1 receive an intent

-- or, excuse me, an interested party 2 letter on this despite the obviously as has been said 3 overwhelming health impacts of this rule. But they 4 gave me this information. I'll let you know this was 5 unsolicited. I just received this phone call. And I 6 just want to give you a little bit of information on 7 what these health impacts are that may not be able to 8 fall under this endangerment of health. You know, just 9 falls shorts of that, like was said before, the bodies 10 coming through. Ii Even small amounts of bad odor can make 12 individuals feel ill immediately and reduce quality of 13 life. Odors can affect both behavior and physiology, 14 mood, level of alertness, level of anxiety, levels of 15 stress which can manifest themselves physically, 16 causing headaches, nausea, asthma attacks in asthmatics 17 like me, and trigger seizures in epileptics. Melodious 18 emissions can also pose other negative health risks 19 such as depression, increased anger and stress, 20 decrease in physical vigor, elevated blood pressure and 21 compromise the immune system. 22 Like I said, these health impacts were cited 23 to me by the Department of Health. 

### OEe urges the 

### OEPA 24 to forego any adoption of this rule package, or, in the 25 alternative, strike those amendments as cited in our FRALEY, COOPER &, ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855660 

### written comments and strengthen them in favor of protecting pUblic health. This amended rule for the public nuisance is cited in EPA's rule synopsis as being a clarification. A clarification would assume that either the way it is currently written was not the way it was intended or it

was not the way that it has been traditionally implemented. As we've heard, this is not the case. We can cite the mission of the EPA, the ORC codes that govern the duties of the EPA, as well as the Ohio air pollution laws, which specify the intent is for both air pollution and odor based nuisances. Puts on the

same level the effects of odor as well as the effects of those things that can endanger health. Also, this has not been the traditional way the EPA has dealt with this. We have seen currently landfills in Stark/Tuscarawas, Permafix, Inland Products, Columbus Steel Castings, these cases that OEPA has had the initiative to stop some of these odor emissions would no longer

-- would not happen if this rule was in place. And we strongly oppose this rule



# . package as a whole. MS. MCCARRON: Thank you. Ellen Carmichael? She had to leave? Okay. We have just about three

FRALEY, COOPER I< ASSOCIATES 

### (800) 

### 852-6163 (614) 228-0018 (740) 345-855661 1 cards left, just so everybody knows. Mike Jones? 2 Again, if you can state your name, spell it 3 for the court reporter.' 4 MR. JONES: My name is Michael Jones. 312 5 Glenmoore Court. That's Pataskala, Ohio. I am 6 chairman of the Environmental Health and Safety 7 Committee for the Marion Franklin civic Association. 8 I'm also on the board of Ohio Citizen Action. And I'm 9 ,also the son of Roberta Booth, who is the Roberta 10 Booth, et al. versus Georgia Pacific, who sued 11 successfully for a 22 million-dollar settlement with 12 Georgia Pacific. And, of course, the odors were the 13 first thing that alerted everyone there. 14 But I want to speak on my own behalf and not 15 on behalf of those organizations because what I have to 16 say is, with all due respect, I have no respect for the 17 Ohio Environmental Agency. I refuse to say the word 18 "protection" because there is no protection there. I 19 only use it as a reference to those people who are not 20 aware of that just as of yet. 21 What you're witnessing here is a meltdown of 22 a public agency that is crumbling under corruption. We 23 did

-- Ohio Citizen Action did a study in 2004 that 24 related to how the agency corrupted the process of 25 trying to undermine protection of the citizens of the

FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-85561 

### 2 3 4 5 6 7 8 

### 9 10 11 

### 12 13 ) 

### 14 15 16 17 18 

### 19 20 21 22 23 24 25 62 State of Ohio and the air that we breathe in that that they formed a committee, I think it was called an Air Permit Efficiency Committee

-- Permit Processing Efficiency Committee of which those members, 23 of those members, none of which was a member of an environmental organization or like most of us here, residents of a community affected adversely by an industry. What we found out was, what the study showed was, that over a two election cycle, two election period cycle, that those people who were on that committee contributed almost $4 million, of which a million dollars went to Taft's campaign, and a lot went to public office holders and candidates who are helping write rules and support rules like this that work against you. Folks, one of the lessons that I think the current governor related to that read in the newspaper

was that he was taught a lesson early on that you better get politics or politics will get you. And what happens is so many people fall prey to the propaganda and the distribution of those twisted messages that get you in to voting for people who vote against your own self-interests. Those are things that we have to

arm -- we have to begin to arm ourselves against this

.. FRALEY, COOPER &: ASSOCIATES (800) 

### 852-6163 (614) 228-0018 (740) 345-8556.63 1 manipulative type of language that would say -- that 2 would be a -- that is a sheep in wolf's clothing or a 3 wolf in sheep's clothing? One way or the other. 4 But all in all, folks, what you're seeing and 5 witnessing is a meltdown of a pUblic agency that it's 6

-- the energy from that is coming from flat out 7 corruption, money. The pursuit and love of it. And 8 for those people who are part and parcel that would be 9 what you may call the devil's henchmen, you really 10 ought to if any of you really have any sort of a 11 faith life, you need to really check out Psalms 55 12 beginning with the 20th verse. That section deals with 13 the deceit of friends. And if you're coming at us as 14 supposedly our friends and our protectors, the end that 15 it promises is not very pleasant. You shall live out 16 half your days and you'll be taken down in to the pit. 17 I mean, that's

-- I didn't say that. I mean, it's 18 written already for those of you who would deceive us. 19 And may God have mercy on your souls. 20 21 MS. MCCARRON: Patricia Marida. 

### MR. MARIDA: Hi. I'm Patricia Marida. And 22 I'm here

-- I'm in Columbus, Ohio, I'm here 23 representing the Ohio Sierra club. My last name is 24 M-A-R-I-D-A. 25 The Ohio sierra Club has about 20,000 members

FRALEY, COOPER 

### « ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855664 1 in the State of Ohio. We want to say that there is no 2 rationale for weakening the odor nuisance provision. 3 Cause and effect of air emissions on health may take 4 years to occur and document, if that is even possible 5 outside of the evidence of actual emissions. 6 To be consistent with the purpose of these 7 air regulations to protect health, the nuisance 8 provision needs to be strengthened, not weakened. 9 Odor, even non-offensive to some people, can carry with 10 them toxic pollutants or mask pollutants which are' 11 health threatening. 12 Additionally, Ohio has a poor record of 13 initiating enforcement actions even when'there is 14 evidence of adverse health effects and/or property 15 damage. If anything, the language and methodology 16 should be strengthened. 17 We oppose the proposed rules for the .

18 following reasons: No.1, by encouraging recklessness 19 rather than precaution, the rule fails to protect 20 public health and the environment. Ohio has the 21 highest levels of toxic air emissions in the nation. 22 For Ohioians especially, attention to heavy industrial 23 odors can serve as a warning of exposure to dangerous 24 industrial pollutants. 25 No.2, Ohio EPA's assumption that odor FRALEY, COOPER &: ASSOCIATES (800) 852-5153 (614) 228-0018 (740) 345-85561 2 3 .4 5 6 7 8 9 10 11 12 13 ) 14 15 16 17 18 19 20 21 22 23 24 25 65 

### nuisances do not generally endanger public health is not supported by common sense or by science. It is

common sense that just as a gruesome sight can just by itself introduce vomiting, exposure to overpowering odors may in and of themselves cause symptoms of ill-health. Science also does not support the Ohio EPA's assumption that an odor nuisance not

-- quote, not involving the endangerment to the health of the people, unquote, is not a public nuisance. Science has demonstrated that all odor nuisances have the potential to produce s.ymptoms of ill-health and to, thereby, endanger the public health. The human health impacts of nuisance odors are well documented in scientific literature, and we have written comments that we will be submitting for citations of the science behind this. No.3, Ohio .EPA has specifically exempted chemical irritants from regulation and previous rule-making. And in this proposed rule, Ohio EPA imposes an unreasonable regulatory barrier upon citizens experiencing physical irritation due to these known Ohio EPA exempted noxious, odorous, chemical irritants.No.4, the proposed odor nuisance rule would

cause ohio EPA to disregard highly toxic non-odorous

FRALEY, COOPER 0< ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-8556

### 1 2 3

4 

### 5 6 7 8 9 10 11 

### 12 13 

### ) 14 15 16 17 18 19 20 21 22 23 24 25 66 co-pollutants associated with ones that are -- have odors, co-pollutants whose presence is signaled by an odorous unregulated pollutant. No.5, the proposed rule would impose a regulatory barrier to the protection of public health and unreasonable regulatory burden upon citizens affected by nuisance odors. For unregulated pollutants and those chemical irritants, there is an implicit requirement that danger to the public health must be demonstrated by affected persons before an odor nuisance will be addressed. No.6, ohio data shows odor density -- excuse me, odor intensity produces complaints of health effects. The Hamilton County Department of Environmental Services responds to public complaints about environmental problems and records the odor intensity reported by the complainant and also whether

or not any health effects are required. For 2005, the most recent year which a complete data set is available, it is clear that strong and overpowering odors are associated with increased reporting of health effects. So we urge you to withdraw these proposed rules and propose stronger nuisance rules to fulfill the purpose of the regulations. FRALEY; COOPER &; ASSOCIATES (800) 852-5153 (514) 228-0018 (740) 345-85551 2 67 MS. MCCARRON: Thank you. David Held. MR. HELD: Thank you. My name is David Held. 3 I represent the executive director for the 4 Stark/Tuscarawas/Wayne Joint Solid Waste Management 5 District. I have a letter that I'd like to read in to 6 the record, and this represents the views of nine 7 commissioners from three of the counties that I just 8 mentioned. 9 These comments are being submitted by the 10 commissioners of the Stark/Tuscarawas/Wayne Joint Solid 11 Waste Management District to strongly oppose the 12 proposed changes to the Ohio Administrative Code 13 3745-15-07 regarding air pollution nuisance. 14 The proposed changes do not merely clarify 15 existing policy as suggested by making a significant 16 change for the worse by diminishing ohio EPA's 17 regulatory authority regarding air pollution nuisance. 18 The Ohio legislature has granted Ohio EPA broad 19 rule-making authority for the prevention or control of 20 odors and air pollution nuisance, Revised Code 3704.03, 21 Section E. Therefore, there is no need to clarify that 22 the scope of the regulations are within existing 23 authority. The current regulations are clearly within 24 the Ohio EPA director's existing authority. The only 25 issue is the extent to which the director wishes to

FRALEY, COOPER & ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-85561 2 3 4 5 6 7 8 9 10 11 12 13 ) 14 15 16 17 18 19 20 21 22 23 24 25 68 

### exercise that authority. The current policy defines public nuisance broadly in accordance with the general principles of existing Ohio law. The only exception was provided to clarify that the nuisance rules would not apply to

sources of odors not otherwise regulated. The initial proposed change and recent proposed change significantly limit the scope of the definition of public nuisance by accepting odor nuisance caused by emissions which are not the subject of limitations

or control requirements. Moreover, the definition odor nuisance is limited to one involving endangerment of health or damage to property; a much more restrictive definition than previously used. These proposed changes eviscerate the Ohio EPA's ability to protect the public from odor nuisance and are contrary to any valid public policy considerations. Substantively, there is no justification for not regulating odor nuisance arising from emissions which are not subject to specified limitations or controlled requirements. We can think of no valid public policy justification for allowing the maintenance of odor nuisance because they cannot be traced to specifically regulated emissions.

FRALEY, COOPER 

## « ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-85561 2 3 4 5 6 7 8 9 10 11 12 13 ) 14 15 16 17 18 19 20 21 22 23 24 25 

### Furthermore, the practicalities involved in determining whether an odor is caused by a specified emission would render this.regulation unenforceable or make it subject to uncertain results in court. In addition, limiting the definition of odor nuisance to that which endangers health or damages property is contrary to long standing principles of nuisance law and would render regulation largely ineffective. EPA officials dealing with the odor nuisance at the Countywide Landfill in Stark County have regularly advised us that there is no health danger in the sense that there are no exceedances of harmful constituents. Moreover, limiting the concept of nuisance to damage to property would arguably preclude regulation where a nuisance interferes with enjoyment of the use of property, an interest normally protected under nuisance law. We are surprised that a limitation of the scope of odor nuisance regulation would be proposed by the Ohio EPA given the circumstances now existing at Countywide Landfill. The proposed changes would arguably limit or preclude the Ohio EPA'S current regulatory actions at the Countywide facility. We do FRALEY, COOPER & ASSOCIATES (800) 852-5153 (514) 228-0018 (740) 345-8555 69

### 1 2 j 

### 4 5 6 7 8 

### 9 10 11 

### 12 13 

### j 14 

### 15 16 17 18 19 20 21 22 23 24 25 ) 

### 70 not see how such a step can be justified and, therefore, strongly oppose the proposed changes and request 'that the language of the OAC 3745-15-07 be left

as is. And this is signed by the nine commissioners from Stark, Tuscarawas and Wayne counties. Thank you. MS. MCCARRON: Thank you. Okay. I am out of blue cards, so I want to open up the floor. If anybody else has not gotten an opportunity to submit comments that would like to, please let me know. Okay. With that, I just wanted to remind you that the comment period has been extended through February 8th, 2006 (sic). And, again, the rules, these proposed revisions, will be refiled and we will as a courtesy hold another public hearing before those are reEled. Again, contact information for people if you have questions during the comment period are on the handout that's at the registration table both for myself and Mike Ahern. And at this time, the time is

now 3:59 p.m., and we're going to end the hearing. Thank you everyone for taking the time to attend.

(Whereupon, the proceedings were concluded at 4:00 p.m.)

FRALEY, COOPER &, ASSOCIATES (800) 852-6163 (614) 228-0018 (740) 345-855671



### Amy P. Mayer, RMR, CRR NOTARY PUBLIC-STATE OF OHIO I 

### hereby certify that the transcript of the C E 

### R T I F I CAT E REP 0 R T E R ' S



### and accurate transcription of my stenographic notes proceedings and evidence contained herein are a true

taken by me at the time and place of the within cause; that the transcription was reduced to printing under my direction; and that this is a true and correct transcript of the same.

My Commission Expires: December 22, 2009. 1 2 3 4 5 

### 6 7 8 

### 9 10 11 

### 12 13 i 

### 14 15 16 17 18 19 20 21 22 23 24 25

FRALEY, COOPER & ASSOCIATES (800) 852-5163 (614) 228-0018 (740) 345-8556InRe: OhioAdministrativeRuIes 3745-15-01, 3745-15-02and 3745-15-04to 3745-15-09, taken onJanuary 8, 2007 Page 2



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.... Fraley, Cooper& Associates (614) 228-0018 (800) 852-6163 (740) 345-8556

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Bob Hodanbosi - DIR Weekly Briefings03/06/09

From: To: Dale: Subject: Attachments: DianeCasteel OthersWeekly; Weekly Briefing Chiefs 3/6/2009 8:40AM DIRWeekly Briefings 03/06/09 5WOO.doc; COO.doc; OAPC.doc; DDAGW.doc; DERR.doc; DES.doc; OHWM.dOCj DSW.doc; ITS.doc; Knipmeyer.doc; NEDO.docj NWDO.dOCj OCAPP.doc; OEE.dOCj OES.doc; OfA.docj Payton.doc; PILdoc Weekly Briefings are attached. Haveagreatweekend!

Diane Casteel, ExecutiveSecretary**giane.r~I@eQf!.mlt!:Jlh,u5...** . Ohio Environmental ProtectionAgency Officeofthe Director 50W.TownSt, Ste. 700 Columbus, OH 43215 (614) 644-2268 (614) 644-3184 (Fax)

file:I/C:\DocumenfS and Settings\Bhodanbo\Local Seflings\Temp\xPGrpWise\49BOE187Ce... 3/6/2009